JEDI contract might be no more, but case should live on, says Oracle: DoD only wants Amazon, Microsoft for new cloud deal

Just when you thought it was safe to get out of the courtroom

Oracle has asked the US Supreme court not to dismiss its case over the $10bn Joint Enterprise Defense Infrastructure (JEDI) contract, despite the US Department of Defense officially axing the $10bn procurement deal.

"Cases do not become moot simply because a defendant issues a press release claiming to have ceased its misconduct," thundered Oracle in a supplemental brief [PDF] in its action against the DoD, Oracle America, Inc. vs United States, et al, filed last week.

"The government asserts that the Department of Defense mooted this case by cancelling JEDI, the procurement contract that Oracle has challenged," complained Big Red.

"But in the next breath, the Department states its intent to replace JEDI with another similar cloud-computing contract; to presumptively award the contract to Microsoft and respondent Amazon Web Services as the 'only' eligible competitors; and to exclude other bidders based on infected research and requirements drawn directly from the challenged procurement.

"Far from making it 'absolutely clear' that the challenged misconduct will not recur, the Department essentially admits the challenged misconduct will continue – and will continue to prejudice Oracle."

Oracle and Amazon had both protested the original JEDI contract, first floated in 2018 and awarded to Microsoft in October 2019, sparking off over a year of more litigation from the cloud giants. Oracle's complaints included gripes over the deal's single-source award structure and conflicts of interest. JEDI was cancelled in July this year and replaced by another cloud-computing contract, called the Joint Warfighter Cloud Capability (JWCC).

For the new JWCC tender, Oracle said in this week's filing, citing a press release issued by the DoD on 6 July, the Department of Defense has limited the sources for proposals to Microsoft and Amazon Web Services.

"Despite publicly stating its expectation that only Amazon and Microsoft would satisfy the requirements for JWCC," Oracle's lawyers went on, "the Department of Defense did not reveal what those requirements would be."

So here we are again.

"The Department of Defense has announced that the JWCC, unlike JEDI, could involve 'multiple' awards," the database vendor added. "But the Department has already indicated that it 'anticipates awarding two [such] contracts – one to Amazon Web Services, Inc. (AWS) and one to Microsoft Corporation (Microsoft)."

And thus Oracle once again has found itself left out of the cloud party.

The Register has contacted Microsoft, Amazon and the DoD for their thoughts on Oracle's move and will update with any responses. In the meantime it appears that, once again, the lawyers have been unleashed. ®

Other stories you might like

  • Experts: AI should be recognized as inventors in patent law
    Plus: Police release deepfake of murdered teen in cold case, and more

    In-brief Governments around the world should pass intellectual property laws that grant rights to AI systems, two academics at the University of New South Wales in Australia argued.

    Alexandra George, and Toby Walsh, professors of law and AI, respectively, believe failing to recognize machines as inventors could have long-lasting impacts on economies and societies. 

    "If courts and governments decide that AI-made inventions cannot be patented, the implications could be huge," they wrote in a comment article published in Nature. "Funders and businesses would be less incentivized to pursue useful research using AI inventors when a return on their investment could be limited. Society could miss out on the development of worthwhile and life-saving inventions."

    Continue reading
  • Declassified and released: More secret files on US govt's emergency doomsday powers
    Nuke incoming? Quick break out the plans for rationing, censorship, property seizures, and more

    More papers describing the orders and messages the US President can issue in the event of apocalyptic crises, such as a devastating nuclear attack, have been declassified and released for all to see.

    These government files are part of a larger collection of records that discuss the nature, reach, and use of secret Presidential Emergency Action Documents: these are executive orders, announcements, and statements to Congress that are all ready to sign and send out as soon as a doomsday scenario occurs. PEADs are supposed to give America's commander-in-chief immediate extraordinary powers to overcome extraordinary events.

    PEADs have never been declassified or revealed before. They remain hush-hush, and their exact details are not publicly known.

    Continue reading
  • Stolen university credentials up for sale by Russian crooks, FBI warns
    Forget dark-web souks, thousands of these are already being traded on public bazaars

    Russian crooks are selling network credentials and virtual private network access for a "multitude" of US universities and colleges on criminal marketplaces, according to the FBI.

    According to a warning issued on Thursday, these stolen credentials sell for thousands of dollars on both dark web and public internet forums, and could lead to subsequent cyberattacks against individual employees or the schools themselves.

    "The exposure of usernames and passwords can lead to brute force credential stuffing computer network attacks, whereby attackers attempt logins across various internet sites or exploit them for subsequent cyber attacks as criminal actors take advantage of users recycling the same credentials across multiple accounts, internet sites, and services," the Feds' alert [PDF] said.

    Continue reading

Biting the hand that feeds IT © 1998–2022